Justice Ebrima Jaiteh of the High Court in Banjul has acquitted and discharged Sainabou Mbye and two others following a Nolle Prosequi filed by the state. The ruling is as follows:

Having heard learned Senior State Counsel M.B. Sowe inform this Honorable Court that the Honorable Attorney General and Minister of Justice has filed a Nolle Prosequi pursuant to Section 85 (1) (C) of the Constitution of the Republic of The Gambia, 1997 that the State intends that the proceedings in the charges against the Accused Persons in this case be discontinued. Counsel for the 1st, 2nd and 3rd Accused persons did not oppose the application rather commended the State for filing the Nolle Prosequi. I. Drameh of Counsel for the 1st Accused Person applied for the Court to acquit and discharge the Accused Persons in light of the fact that the State has closed its case and the defence has commenced its defence. Counsel Drameh thus submitted that the proper order to make is to acquit and discharge the Accused persons.

Senior State Counsel B. Sowe in his submission thus concurred with senior defence Counsel I. Drameh’s application for this Court make an order and acquit and discharge all the Accused Persons. Counsel S. Twum for the 2nd and 3rd Accused Persons thus aligned with the submissions and the application made by Counsel I. Drameh for the Court to acquit and discharge the Accused Persons.

I have seen a notice of Nolle Prosequi dated and filed on the 16th day of December 2022, signed by Dawda A. Jallow, the Honorable Attorney General and Minister of Justice and I have carefully read the content of the said Nolle Prosequi where it clearly state that the State intends to discontinue the proceedings against the Accused Persons in this case. State Counsel Sowe did not object for the Court to acquit and discharge the Accused Persons as they have no intention of prosecuting this matter any further and therefore are not objecting for the Court to acquit and discharge the Accused Persons.

In view of the fact that the State through the Attorney General has filed a Nolle Prosequi and the defence Counsel subsequently applied for an acquittal and discharge of all the Accused Persons and the State is not in opposition to the said application as they intend not to further prosecute this matter again.

From the foregoing reasons, the Nolle Prosequi is hereby granted as requested by the State and considering the totality of the evidence adduced before this Honorable Court, the 1st, 2nd, and 3rd Accused Persons are hereby acquitted and discharged on count of manslaughter contrary to section 186 of the Criminal Code and Exposing etc. children contrary to section 210 of the said Criminal Code.